Taylor v. Sturgell

Docket No. Op. Below Argument Opinion Vote Author Term
07-371 D.C. Cir. Apr 16, 2008
Tr.Aud.
Jun 12, 2008 9-0 Ginsburg OT 2007

Holding: (1) The theory of preclusion by "virtual representation" is disapproved; the preclusive effects of a judgment in a federal-question case decided by a federal court should instead be determined according to the established grounds for nonparty preclusion; and (2) the case is remanded to allow the courts below the opportunity to determine whether the fifth ground for nonparty preclusion — preclusion because a nonparty to earlier litigation has brought suit as an agent of a party bound by the prior adjudication — applies to Brent Taylor's suit. But courts should be cautious about finding preclusion on the basis of agency.

Judgment: Vacated and remanded, 9-0, in an opinion by Justice Ruth Bader Ginsburg on June 12, 2008.

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